The right to parenthood and the central interest of the child

Abstract

This article examines the excursus of case-law on the subject of the recognition in Italy of the act of birth abroad following the use of heterologous medically assisted procreation techniques by two mothers. In particular, it analyses the compatibility with international public order, the solutions proposed by doctrine and jurisprudence with a view to guaranteeing the protection of the child and the emotional bond that is generated between the child and the intending parent, and finally dwells on the most recent sentence of the Constitutional court, n. 68/2025, which, initiating an epoch-making turning point, admitted the possibility for the intending mother to be recognised as the mother of the child born abroad following recourse to heterologous medically assisted procreation techniques